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Corporate Immigration

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with pay transparency, US work visas and electronic agreements.

 

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USCBP updates policy on border searches of electronic devices

Canada USA border crossing

On January 4, 2018, United States Customs and Border Protection (“USCBP”) updated its official policy on border searches of electronic devices. The new policy directive[1] (the “New Directive”) supersedes its prior policy directive (the “Prior Directive), which was issued on August 20, 2009[2]. The New Directive addresses some, but not all, of the issues that arise in relation to border searches of electronic devices.

 

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President Trump’s latest travel ban and its effect on Canadian citizens and permanent residents

On December 4, 2017, in a 7-2 decision the United States Supreme Court lifted the temporary restraining order that had initially blocked President Trump’s latest travel ban.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a recent policy statement released by the Ontario Human Rights Commission, a proposed increase to administrative monetary penalties under Bill 148 and consequential and technical changes to regulations made under the Employment Standards Act if the proposed Bill 148, Fair Workplaces, Better Jobs Act, 2017 is passed.

 

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CETA offers enhanced labour mobility for EU nationals entering Canada

Canada and the European Union (“EU”) commenced their provisional application of the Canada-European Union Comprehensive Economic and Trade Agreement (“CETA”) on September 21, 2017.

 

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Notice to TIFF attendees: Watch out for Canada’s immigration laws

As in previous years, the Toronto International Film Festival (“TIFF”) is expected to receive thousands of visitors from around the World. However, many of these visitors are not aware that relatively minor offences can prevent them from entering Canada.

 

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Update on express entry

Since Express Entry began on January 1, 2015, it has been necessary for prospective permanent residents to first receive an Invitation to Apply (“ITA”) before submitting an application for permanent residence under one of the following categories:

 

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How foreign nationals can legally avoid Ontario’s foreign buyer tax

There is no doubt that the NRST (and other Ontario Government initiatives) has caused a significant drop in residential real estate sales. However, it may not have as significant an impact on many foreign nationals.

 

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Government of Canada amends the Citizenship Act

Bill C-6 received royal assent on June 19, 2017 and eases many of the key eligibility requirements for citizenship, including the physical presence requirement and the requirement to demonstrate knowledge of Canada and its official languages. Bill C-6 also eliminates some of the more controversial elements of the Strengthening Canadian Citizenship Act, including the ability to revoke the Canadian citizenship of dual nationals based on national security grounds.

 

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IRCC announces details of global skills strategy

On June 12, 2017, Immigration, Refugees and Citizenship Canada (IRCC) announced details of its Global Skills Strategy. First announced in November 2016, the Global Skills Strategy is intended to help promote global investment in Canada and support the Government of Canada’s Innovation and Skills Plan.

 

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Owner/operator Labour Market Impact Assessment and its importance for permanent residence applications in 2017

Any Canadian employer wishing to employ a temporary foreign worker (“TFW”) in Canada must first obtain authorization from the government, which is typically obtained by proving that the hiring of a TFW will not negatively impact the Canadian labour market. In most cases, the Canadian employer must apply to Employment and Social Development Canada, also known as Service Canada, for approval of the Labour Market Impact Assessment (“LMIA”), previously called a Labour Market Opinion or LMO. A LMIA is a very detailed application process that is subject to a high level of review, and must be completed without error.

 

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Important corporate immigration updates

The following are important corporate immigration changes that have been announced in Canada: Cut-off age for dependent children raised; traveling visa-free to Canada for eligible Bulgarians, Romanians, Brazilians; and conditional permanent residence for spouses and partners eliminated.

 

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Update on Express Entry

As of May 17, 2017, IRCC had issued a total of 62 rounds of ITAs under Express Entry. A summary of these rounds are as follows…

 

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Update on Express Entry

As of April 12, 2017, Immigration, Refugees and Citizenship Canada had issued a total of 59 rounds of Invitation to Apply under Express Entry. A summary of these rounds are as follows…

 

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Workplace health and safety law and partisan political arguments

workplace partisan political arguments

In March, a discussion was posted with respect to how workplace political expression could go awry with human rights law. The article also provided some best practices on how human resources professionals and employers can appropriately address human rights complaints specifically on the basis of political belief, activity or association. This following discussion, “Part 2”, addresses how workplace political expression could also contravene harassment provisions under occupational health and safety legislation.

 

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